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Arkansas drug testing laws for employers

Arkansas has no general drug testing law for private employers, but it has an opt-in drug-free workplace program that earns a workers' comp premium credit of at least 5%. Medical marijuana is legal under Amendment 98, which bars discrimination against card holders but lets you keep a drug-free workplace policy and keep card holders out of safety-sensitive jobs.

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The state law

The drug-free workplace program is voluntary and gives accepted employers a workers' comp premium credit of at least 5% (Ark. Code 11-14-112; AWCC Rule 099.36, Section XV).
You must give a one-time written policy to all employees and applicants and wait at least 60 days after the notice before the program starts (Ark. Code 11-14-105(a)-(b); AWCC Rule 099.36, Section IV).
Program members must test applicants after a job offer, on reasonable suspicion, as part of routine fitness-for-duty exams, as follow-up after treatment, and after an accident with an injury (Ark. Code 11-14-106; AWCC Rule 099.36, Section V.D).
Post-accident and reasonable-suspicion samples must be collected within 8 hours for alcohol and 32 hours for drugs (AWCC Rule 099.36, Section V.D.2 and V.D.5).
Program tests cover the DOT drug classes at DOT cutoffs and follow 49 CFR Part 40 collection and split-sample rules (AWCC Rule 099.36, Section VII.A-C).
Initial tests must be run by a lab licensed by the Arkansas Department of Health or certified by HHS or CAP, and confirmations by a SAMHSA- or CAP-certified lab (AWCC Rule 099.36, Section VII.F-G).
A positive must be verified by an MRO, and the worker gets 5 working days to explain it before the employer acts (AWCC Rule 099.36, Section IX.B and IX.D).
Supervisors need 60 minutes of training on alcohol and 60 minutes on drugs, and you must apply to the Workers' Compensation Commission every year (AWCC Rule 099.36, Sections XI.B and XIII.B).

Testing applicants

We found no state law that limits applicant testing by private employers outside the voluntary program (no statute found).
Program members test applicants after a conditional job offer and may refuse to hire on a refusal or a verified positive (Ark. Code 11-14-106; AWCC Rule 099.36, Section V.D.1).
Program members must say on job postings when a position requires drug or alcohol testing (Ark. Code 11-14-105(c); AWCC Rule 099.36, Section IV.C).

Random testing

We found no state law that limits random testing by private employers (no statute found).
The voluntary program allows random testing on top of its required tests (AWCC Rule 099.36, Sections II.E and V.A).
Under the program, workers who are not in safety-sensitive jobs may be tested for alcohol only on reasonable suspicion (AWCC Rule 099.36, Section V.B).

Marijuana (medical only)

You may not refuse to hire, fire, or penalize someone because they are or were a medical marijuana patient or caregiver (Ark. Const. Amend. 98, Section 3(f)(3)(A)).
You may keep a drug-free workplace policy with drug testing and act on it (Ark. Const. Amend. 98, Section 3(f)(3)(B)(i)).
You may act on a good-faith belief that a patient used marijuana or was under its influence at work, but a positive test alone cannot be the only basis for that belief (Ark. Const. Amend. 98, Section 3(f)(3)(B)(ii)).
You may keep a patient out of a safety-sensitive job if you believe in good faith that they currently use marijuana (Ark. Const. Amend. 98, Section 3(f)(3)(B)(iii)).
A safety-sensitive job includes DOT safety jobs and any job you designate in writing where working under the influence could threaten health or safety, such as driving, machinery or firearms (Ark. Const. Amend. 98, Section 2(25)).
A worker has 1 year to sue for medical marijuana discrimination, and damages are capped like other state civil rights claims (Ark. Const. Amend. 98, Section 3(f)(3)(D)-(E)).

Also good to know

A worker fired for a positive illegal-drug result on a DOT-qualified drug screen under your written drug policy is disqualified from unemployment until they requalify (Ark. Code 11-10-514(b)(2)(A)).
Under the voluntary program, a worker who tests positive or refuses a test may be fired and may lose workers' comp medical and wage benefits (AWCC Rule 099.36, Section I.C).
Under the voluntary program, the employer pays for all tests it requires (AWCC Rule 099.36, Section VIII).

Common questions

Is drug testing legal for employers in Arkansas?

Can employers in Arkansas test applicants before hiring?

We found no state law that limits applicant testing by private employers outside the voluntary program (no statute found).

Is random drug testing allowed in Arkansas?

We found no state law that limits random testing by private employers (no statute found).

Can a Arkansas employer act on a positive marijuana test?

You may not refuse to hire, fire, or penalize someone because they are or were a medical marijuana patient or caregiver (Ark. Const. Amend. 98, Section 3(f)(3)(A)).

Some rules for Arkansas weren't confirmed from an official source. Check with the state before relying on this page.

Sources

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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